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,' <br />IIIIIIIIIIIIIIIIIII <br />~~ <br />~ ~ <br />ALBUQUERQUE, NEW MEXICO 87102 ~n Reply Refer To: <br />RECEIVED <br />Unite~tates Department of th~terior <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT <br />SUITE 310 <br />625 SILVER AVENUE S W <br />August 20, 1990 <br />CERTIFIED MAIL--RETURN RECEIPT REQUESTED <br />P 965 798 977 <br />Mr. Dan T. Matthews, Acting Coal Program Supervisor <br />Mined Land Reclamation Division <br />Department of Natural Resources <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />Re: Ten-Day Notice (TDN) 90-02-351-1 TV 5 <br />Dear Mr. Matthews: <br />AUG 2 3 1990 <br />Mined Land <br />Reclamation Division <br />In accordance with 30 CFR 842.11, the following is a written finding <br />regarding the Mined Land Reclamation Division's (MEAD) response to the <br />above TDN: <br />On July 17, 1990, the Albuquerque Field Office (AFO) conducted a review <br />of the Garfield Citizens Alliance complaint concerning alleged <br />violations at the Coal Ridge No. 1 Mine. The review resulted in the <br />issuance of TDN 90-02-351-1, dated July 18, 1990. The TDN was sent by <br />certified mail, and receipt of that notice was postmarked July 20, 1990. <br />Your office's written correspondence, regarding the TDN, was received on <br />August 6, 1990. AFO will consider this a timely response to <br />TDN 90-02-351-1. <br />uY'~Ft'lhi~ The TDN cites Colorado_.Rule._CCMR,4 11.4(1) as the rule believed to have <br />FuFCTT~.' been violated for violation 1 of S~ The TDN states that the operator <br />failed to place noncoal waste in a controlled manner in a designated <br />site. <br />Your response, dated August 1, 1990, states that MLRD does not consider <br />the observed materials to constitute noncoal waste that is being <br />disposed of. MLRD contends that no violation of the rule cited exists. <br />AFO disagrees that a violation did not exist. MLRD acknowledged that <br />insulation, plywood, and Mirafi fabric were found onsite. The permit, <br />as approved, commits to: "Storm King Mines will handle, store, and <br />